feedfront
10-04 04:05 PM
onemorecame.. did you send your RFE? Can you track the response time of RFE?
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hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
Wendyzhu77
07-24 12:48 PM
I think this post is purposely composed to scare people. As a matter of fact, any 485 "might" be rejected if it is not properly filed, which has always been true for years. If you case is rejected, of course you will need to refile. So, it is absolutely normal that "some" July 2 filers "might" need to file again. Literally, this sentence is correct, but the auther intentionally uses it to imply that "ALL" will be rejected. As a matter of fact, "every day", some 485 filers will need to refile their 485 sometime later.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
Continuing on this forum with more generic title
http://immigrationvoice.org/forum/showthread.php?t=10383
Per Greg Siskind -- July 2nd filers might have to file again, as all July 2nd application were rejected. Check out the link below as well as the comment section for the blog
Greg Siskind is reporting the following about July2nd rejection here
http://blogs.ilw.com/gregsiskind/2007/07/faqs-part-1.html
part of above post --
USCIS did not state how cases filed and rejected on the 2nd are to be handled other than to say that properly filed applications would be accepted. This presumably covers the many cases filed after the second that were held, but it doesn�t explain what will happen to the cases received earlier. We hope USCIS will issue special instructions to issue July 2nd receipt dates to those who are able to document they attempted to file. We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing. Hopefully, again, USCIS will institute a process for such individuals to avoid being penalized.
USCIS has not announced any details yet on how it will determine which cases get 2007 visa numbers that might still be available. We also don�t know yet how cases will be processed that are not in the batch of cases that get green card numbers this year. For those who will have to get numbers in future years, applications should be worked by the order of the priority date. So applicants with labor certifications approved some time back, for example, should go before people in the same category with later priority dates.
For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion.
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americandesi
12-24 01:46 PM
Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
more...
rockstart
07-16 08:46 AM
I hope some lawyer on this forum or on their respective websites can answer this question I think most folks have given their FP's only once some where from Oct - Dec 2007 time frame and USCIS said they do not need more FP's for most cases since they now have the ability to reuse the FP's. My guess is unless you have a criminal record of some kind or perhaps your name appears in the POI list they do not call you for FP again perhaps some random cases as part of Quality checks might be included but thats it.
Does any one remember any statements made by the Ombudsman about preadjudication?
Does any one remember any statements made by the Ombudsman about preadjudication?
yabadaba
02-21 03:46 PM
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
more...
xlr8r
06-11 08:55 AM
Done.
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justAnotherFile
07-01 09:59 PM
in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
more...
485InDreams
09-26 09:47 AM
Guys,
Choke the CNN editorial site with the mail stating tht its for Green card...Green card.
Also, send the link to other editorial site like NYTimes, Washingtonpost, Businessweek to them...so that they will learn wht to right correctly....
For the people who Attended /(didn't attend) the rally...Please do this...
Choke the CNN editorial site with the mail stating tht its for Green card...Green card.
Also, send the link to other editorial site like NYTimes, Washingtonpost, Businessweek to them...so that they will learn wht to right correctly....
For the people who Attended /(didn't attend) the rally...Please do this...
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kumarc123
10-15 07:23 PM
To all my IV Members,
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
I agree with the fact of Gandhi protest #2, this is the right time, we can start another flower movement, this will help in two ways.
1. Will put pressure on congress to honor the high immigrant bill in duck session.
2. We will get attention and the next upcoming president will know, we are hurting.
Listen guys, I am not here for a popularity contest, I am hurting like you guys. I am tired of making those long list numbers. The result? Well nothing, I am sorry it may hurt some members, but the truth is nothing happened, we were put aside like a rotten paper.
We have been passive for long now, lets be activist.
Let us all, do Gandhi campaign again, we can get a lot of publicity from not only media channels over here, but from Indian network as well. This will put more pressure on congress and USCIS.
Also IV members whoa re confused on what and what not to do, please I request you all to support another big movement.
Please lets not waste any more time in discussion, or questioning each others intentions.
more...
Googler
02-21 05:15 PM
I-485: EB2 India with PD June 2003
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
Lord almighty people are getting really carried away. :) This cutoff setting guy hadn't even made up his mind as of Feb 13. Also read my entire post, he won't set the date till he sees the estimate from USCIS.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
I was wondering why I am I getting a LUD in Feb 08? (since EB2 India is 'U').
Now I know why :) it seems USCIS is getting ready for the deluge in April 08' :D
Lord almighty people are getting really carried away. :) This cutoff setting guy hadn't even made up his mind as of Feb 13. Also read my entire post, he won't set the date till he sees the estimate from USCIS.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
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hpandey
10-15 02:25 PM
I have a doubt about what can be accomplished by the flower campaign. I am totally for it if it would help but just think - it is not in USCIS hands to assign more visas to EB3 or EB2. The number of visas is limited and the number of people waiting for the visas is huge. That is the whole cause of retrogression . If there were as many visas as the people everything would be current.
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
This is a simple matter of demand and supply . The thing that can help is visa recapture but that again USCIS can't do and only the Congress . What we need to do is point our efforts in the right direction .
more...
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perm2gc
01-02 05:58 PM
Could you guys please give me the matter to post so that I dont have to type in the whole story again...thanks
Please check the first page on the thread.you will see the content to post.
thks
Please check the first page on the thread.you will see the content to post.
thks
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dhesha
03-18 02:26 PM
Any idea how far will it move? Will it come to Dec 2005 ;)
more...
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arunmohan
05-11 02:23 AM
Friends,
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
Time is right now to recapture the visa numbers.
"No army can stop an idea whose time has come." --Victor Hugo.
We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!
I agree with you, this is a right time to go for visa recapture. We don't have to mention anywhere for H1B. This will be just for visa recapture.
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reddog
04-08 11:19 AM
Pending clearance on rumors, if POE called employer, it is likely that employer(s) may answer about US Citzen hiring to yes, but it is very "generic". The "generic" information my be mis using by POE either intentional or unintentional . It is better off giving heads up to company HR department about these enquiries (if they are not rumors) and brainstrom them about procedure and time lines to hire US citizen and impact on business if non immigration is not available immediately. Otherwise, employer may say yes to hire US citizen "in general".
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
The 'head up' part is a good suggestion. However, if this rumor has any substance, it is highly unjust. And we trying to get around these unjust practices can only make matters worse.
Tomorrow, media can pick up this story saying, the IO did call the companys HR, in the middle of the night and the HR said it needed the H1B guy, whose papers were filed on a job requirement 2 years back. And some poiclitical nut on a news channel might promote it as a 'employer-employee' nexus.
Said that, lets believe that this might have happened, where a IO could have called the company and the company could have said something adverse to the non-immigrants status. But he being deported for that? Unless there was something else involved, the matter would defintely be with some immigration lawyer in the country.
On the IV side, core has already taken an initiative on helping people facing these unjust difficulties (extremely appreciable task).
Core should make it a permanent red-lettered sticky on the front page for people in a EB based immigration limbo to seek help.
more...
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ajthakur
07-15 02:52 AM
I spoke with the immigration guy at my ex employers place. My 140 was indeed revoked. He doesnt know the date when it was revoked. He is certain the 140 sponsoring employer is willing to employ me. This means I can get an Employment Verification Letter from him.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
Will this cause a concern with USCIS as
1. This company applies for 140
2. Revokes an approved 140 when employee quits
3. Is again willing to offer the job
Should I take AC21 route instead as I have an offer with the company B.
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santa123
01-26 12:45 AM
Pls participate & write to CIS on your hardships
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
http://immigrationvoice.org/forum/showthread.php?p=312718#post312718
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grinch
03-12 09:58 AM
great work all of you guys, my choice was between grinch's and thirdworldman. i voted thirdworldman, but i just wanna say i know grinch hasn't done this a lot, so i think you've done an excellent job man :thumb:
aw thanks man, appreciate the compliment!
aw thanks man, appreciate the compliment!
amitjoey
01-18 05:26 PM
Thanks Pappu :D (Pappu, left a PM, pl reply. Wouldn't mind if you don't come back , you are busy. Thanks)
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.
Several hundred members ... only about 50 posts !!
That's true, once it is posted on a web site, most likely many members of that site will come read the thread. How many will read, will go on increasing each day, east posting.
Extraordinary effort perm2gc and others, please keep it up !!
Members , give it a thought ... give a free gift, more the members ...best our efforts.
Thanks to all of you who are helping with this effort. 57 new members in the last 2 days and another 100 new last week. It has been very effective.
vandanaverdia
09-10 01:18 PM
Your spouse, inspite of being a professional, cannot work, as he/she is a dependent. You end up being the only earning member & supporting your family, while your spouse just has to wait endlessly.....
What is stopping you from coming to DC??? Need more reasons???
What is stopping you from coming to DC??? Need more reasons???
